In two related child protective proceedings pursuant to Family Court Act article 10, the petitioner, Administration for Children’s Services, appeals from an order of the Family Court, Kings County (Turbow, J.), dated July 12, 2013, which, after a fact-finding hearing, dismissed the petitions.

Ordered that the order is affirmed, without costs or disbursements.

The petitioner, Administration for Children’s Services (hereinafter ACS), filed petitions against the father, alleging that he had neglected the subject children, Anastasia and Amethyst, through the infliction of excessive corporal punishment upon Anastasia and his own use of marijuana. The father allegedly hit 14-year-old Anastasia with a belt several times when she refused to give him her cell phone upon his request, causing bruises to her body. Also, the children had allegedly observed the father smoking marijuana on prior occasions. The father testified at a fact-finding hearing that he was attempting to discipline Anastasia for cutting school by taking away her cell phone, and that he hit her with the belt when she refused to give him the phone and charged at him. He testified that corporal punishment was not his normal mode of discipline. The father testified that he had smoked marijuana, but did not smoke it regularly, and that he never used or was under the influence of marijuana in the children’s presence. [*2]

The Family Court found that there was no evidence that the father smoked marijuana other than outside the children’s presence, as he testified, and there is no basis in the record to disturb that court’s credibility determination. ACS failed to prove by a preponderance of the evidence that the father’s occasional marijuana use outside of the children’s presence caused impairment, or an imminent danger of impairment, to the physical, mental, or emotional well-being of the subject children (see Matter of Diamond J. [Nakesha J.], 102 AD3d 784 [2013]). Imminent danger must be near or impending, not merely possible (see Matter of Anna F., 56 AD3d 1197 [2008] [the record failed to establish that children’s physical, mental, or emotional conditions were in imminent danger of becoming impaired by father’s occasional use of drugs or alcohol while children were asleep]). Furthermore, no evidence was elicited as to the duration, frequency, or repetitiveness of the father’s marijuana use (see Matter of Jeffrey M. [Noemi C.], 102 AD3d 608 [2013]; Matter of Anastasia G., 52 AD3d 830 [2008]). Balkin, J.P., Chambers, Austin and Roman, JJ., concur.